[Federal Register Volume 64, Number 238 (Monday, December 13, 1999)]
[Proposed Rules]
[Pages 69464-69472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32234]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 991207320-9320-01; I.D. 111899B]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Proposed 2000 Harvest Specifications for 
Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed 2000 specifications for groundfish and associated 
management measures; apportionment of reserves; request for comments.

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SUMMARY: NMFS proposes 2000 harvest specifications, prohibited species 
bycatch allowances, and associated management measures for the 
groundfish fishery of the Bering Sea and Aleutian Islands Area (BSAI). 
This action is necessary to establish harvest limits and associated 
management measures for groundfish during the 2000 fishing year and to 
accomplish the goals and objectives of the Fishery Management Plan for 
the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Management Area (FMP). The intended effect of this action is to 
conserve and manage the groundfish resources in the BSAI and to provide 
an opportunity for public participation in the annual groundfish 
specification process.

DATES: Comments must be received by January 12, 2000.

ADDRESSES: Comments may be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668, Attn: Lori Gravel or delivered 
to the Federal Building, 709 West 9th Street, Juneau, AK.
    Copies of the draft Environmental Assessment/Initial Regulatory 
Flexibility Analysis (EA/IRFA) prepared for this action and the 
Preliminary 2000 Stock Assessment and Fishery Evaluation (SAFE) report, 
dated September 1999, are available from the North Pacific Fishery 
Management Council, West 4th Avenue, Suite 306, Anchorage, AK 99510-
2252 (907-271-2809).

FOR FURTHER INFORMATION CONTACT: Shane Capron, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 69465]]

Background for the 2000 Proposed Harvest Specifications

    Federal regulations at 50 CFR part 679 that implement the FMP 
govern the groundfish fisheries in the BSAI. The Council prepared the 
FMP and NMFS approved it under the Magnuson-Stevens Fishery 
Conservation and Management Act. General regulations governing U.S. 
fisheries also appear at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species and for the ``other species'' 
category, the sum of which must be within the optimum yield range of 
1.4 million to 2.0 million metric tons (mt) (Sec. 679.20(a)(1)(i)). 
Regulations under Sec. 679.20(c)(1) further require NMFS to solicit 
public comment on proposed annual TACs, apportionments thereof, and 
prohibited species catch (PSC) allowances and to publish proposed 
specifications in the Federal Register. The proposed specifications set 
forth in Tables 1 through 7 of this action satisfy these requirements. 
For 2000, the proposed sum of TACs is 2 million mt.
    Under Sec. 679.20(c)(3), NMFS will publish the final annual 
specifications for 2000, after (1) considering comments received within 
the comment period (see DATES), (2) consulting with the Council at its 
next meeting beginning December 6, 1999, and (3) considering new 
information presented in the final EA/SAFE and in the section 7 
consultation prepared for the 2000 groundfish fisheries.
    With some exceptions, regulations at Sec. 679.20(c)(2)(ii) provide 
that interim specifications except for pollock and the hook and line 
allocation of sablefish and Atka mackerel become available at 0001 
hours Alaska local time (A.l.t.), January 1, and remain in effect until 
superseded by the final specifications. The regulations provide that 
the interim specifications will be established as one-fourth of each 
proposed initial TAC (ITAC) amount and apportionment thereof, one-
fourth of each Community Development Quota (CDQ) reserve established 
under Sec. 679.20(b)(1)(iii), and one-fourth of each proposed PSC 
allowance established under Sec. 679.21. The regulations specify that 
the interim specification of pollock and Atka mackerel are equal to the 
first seasonal allowances for those species. Regulations at 
Sec. 679.20(c)(2)(ii) do not provide for an interim specification for 
either the hook-and-line and pot gear sablefish CDQ reserve or for 
sablefish managed under the Individual Fishing Quota (IFQ) program. 
NMFS will publish interim specifications for the 2000 fishing year. No 
fishing is authorized before NMFS files interim specifications with the 
Office of the Federal Register.

Other Rules Affecting the 2000 Specifications

    NMFS intends to initiate rulemaking that will affect the pollock 
fisheries. This rulemaking includes (1) an FMP amendment to implement 
the American Fisheries Act as contained within the Omnibus 
Appropriations Bill for FY 99, Pub. L. No. 105-277 (AFA), and (2) a 
regulatory amendment to implement the reasonable and prudent 
alternatives to avoid jeopardizing the continued existence of the 
endangered western population of Steller sea lions or adversely 
modifying its critical habitat. Each of these rules would affect the 
allocation and apportionment of the pollock TAC. These proposed 
specifications propose the pollock TAC amounts that reflect the general 
allocative scheme as defined by the AFA itself, but do not specify 
apportionments of that TAC. Apportionments will be addressed in each of 
the proposed rules individually and in the final 2000 specifications 
will be effective prior to the start of the pollock fishery on January 
20, 2000.

Proposed Acceptable Biological Catch (ABC) and TAC Specifications

    The proposed ABC levels are based on the best available scientific 
information, including projected biomass trends, information on assumed 
distribution of stock biomass, and revised technical methods used to 
calculate stock biomass. The FMP specifies the formulas to be used in 
computing ABCs and overfishing levels. The formulas applicable to a 
particular stock or stock complex is determined by the level of 
reliable information available to fishery scientists and is based on a 
successive series of six levels, or tiers.
    The Bering Sea Groundfish Plan Team (Plan Team) acknowledged that 
for purposes of the proposed 2000 overfishing levels and ABC amounts, 
the best information currently available is set forth in the final SAFE 
report for the 1999 BSAI groundfish fisheries dated November 1998. The 
Plan Team further acknowledged that information on the status of stocks 
will be updated with the 1999 survey results and reconsidered by the 
Plan Team at its November 1999 meeting.
    At its October 1999 meeting, the Scientific and Statistical 
Committee (SSC), Advisory Panel (AP), and Council reviewed the Plan 
Team's preliminary recommendations to roll over 1999 ABC, overfishing, 
and TAC amounts and to reconsider these amounts at the December 1999 
Council meeting after new status of stocks information can be 
incorporated by the Plan Team into a final SAFE report for the 2000 
BSAI groundfish fishery. The SSC, AP, and Council concurred with the 
Plan Team's recommendations. None of the Council's proposed TACs for 
2000 exceed the proposed ABC for any species category. Therefore, NMFS 
finds that the proposed TACs are consistent with the best available 
information on the biological condition of the groundfish stocks.
    The plan team's recommendation to roll over the 1999 groundfish 
harvest specifications for this action did not take into account the 
overfishing definitions approved in the BSAI and GOA FMP Amendments 56/
56. Those overfishing definitions were used in August 1999 to reanalyze 
the status of the groundfish stocks in the BSAI and GOA. That analysis 
is presented draft EA prepared for this action. The overfishing levels 
in these proposed specifications reflect that analysis.
    Table 1 lists the proposed 2000 overfishing levels, ABC amounts, 
and TAC amounts for groundfish in the BSAI.

   Table 1.--Proposed 2000 Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation, and Overfishing
                                        Levels of Groundfish in the Bering Sea and Aleutian Islands Area (BSAI)1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Overfishing
             Species                                Area                       level            ABC             TAC           ITAC 2      CDQ  reserve 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock 4........................  Bering Sea (BS)......................       2,210,000         992,000         992,000         892,800          99,200
                                   Aleutian Islands (AI)................          31,700          23,800           2,000           1,800             200
                                   Bogoslof District....................         115,000          15,300           1,000             900             100
Pacific cod......................  BSAI.................................         215,000         177,000         177,000         150,450          13,275

[[Page 69466]]

 
Sablefish 5......................  BS...................................           1,600           1,340           1,340             569             184
                                   AI...................................           2,200           1,860           1,380             293             232
Atka mackerel....................  Total................................         126,000          73,300          66,400          56,440           4,980
                                   Western AI...........................  ..............          30,700          27,000          22,950           2,025
                                   Central AI...........................  ..............          25,600          22,400          19,040           1,680
                                   Eastern AI/BS........................  ..............          17,000          17,000          14,450           1,275
Yellowfin sole...................  BSAI.................................         251,000         212,000         207,980         176,783          15,598
Rock sole........................  BSAI.................................         367,000         309,000         120,000         102,000           9,000
Greenland turbot.................  Total................................          21,000          14,200           9,000           7,651             674
                                   BS...................................  ..............           9,514           6,030           5,126             452
                                   AI...................................  ..............           4,686           2,970           2,525             222
Arrowtooth flounder..............  BSAI.................................         170,000         140,000         134,354         114,201          10,076
Flathead sole....................  BSAI.................................          95,600          77,300          77,300          65,705           5,797
Other flatfish 6.................  BSAI.................................         197,000         154,000         154,000         130,900          11,550
Pacific ocean perch..............  BS...................................           2,300           1,900           1,400           1,190             105
                                   AI Total.............................          16,200          13,500          13,500          11,476           1,011
                                   Western AI...........................  ..............           6,220           6,220           5,287             466
                                   Central AI...........................  ..............           3,850           3,850           3,273             288
                                   Eastern AI...........................  ..............           3,430           3,430           2,916             257
Other red rockfish 7.............  BS...................................             356             267             267             227              20
Sharpchin/Northern...............  AI...................................           5,640           4,230           4,230           3,596             317
Shortraker/rougheye..............  AI...................................           1,290             965             965             821              72
Other rockfish 8.................  BS...................................             492             369             369             314              27
                                   AI...................................             913             685             685             583              51
Squid............................  BSAI.................................           2,620           1,970           1,970           1,675             147
Other species 9..................  BSAI.................................         129,000          32,860          32,860          27,931           2,464
                                  ----------------------------------------------------------------------------------------------------------------------
    Total........................  .....................................       3,961,911       2,247,846       2,000,000       1,748,305        175,080
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons. These amounts apply to the entire Bering Sea (BS) and Aleutian Islands (AI) Subarea unless otherwise specified. With the
  exception of pollock, and for the purpose of these specifications, the Bering Sea subarea includes the Bogoslof District.
\2\ Except for pollock and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is put into a reserve. The
  ITAC for each species is the remainder of the TAC after the subtraction of these reserves.
\3\ Except for pollock and the hook-and-line or pot gear allocation of sablefish, one-half of the amount of the TACs placed in reserve, or 7.5 percent
  of the TACs, is designated as a CDQ reserve for use by CDQ participants (see Sec.  679.31(a)(1)). Fifteen percent of the groundfish CDQ reserve
  established for arrowtooth flounder and ``other species'' is allocated to a non-specific CDQ reserve found at Sec.  679.31(g).
\4\ For the 2000 pollock fishery, all pollock amounts and apportionments thereof will remain reserved until those measures under the AFA and required by
  the biological opinion for Steller sea lions to avoid jeopardy and adverse modification to critical habitat can be implemented. NMFS anticipates that
  these rules will be finalized before January 20, 2000. Ten percent of the pollock TAC is allocated to the pollock CDQ fishery under paragraph 206(a)
  of the AFA. The pollock ITAC is equal to the TAC minus the CDQ allocation. Under authority of the AFA, NMFS is allocating 5 percent of the pollock
  ITAC as an incidental catch allowance (see section 206(b) of the AFA). NMFS, under regulations at Sec.  679.20(a)(5)(i)(B), allocates zero mt of
  pollock to nonpelagic trawl gear. This action is based on Council intent to prohibit the use of nonpelagic trawl gear in 2000 because of concerns of
  unnecessary incidental catch with bottom trawl gear in the pollock fishery.
\5\ Regulations at Sec.  679.20(b)(1) do not provide for the establishment of an ITAC for the hook-and-line and pot gear allocation for sablefish. The
  ITAC for sablefish reflected in Table 1 is for trawl gear only. Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is
  reserved for use by CDQ participants (see Sec.  679.31(c)).
\6\ ``Other flatfish'' includes all flatfish species, except for Pacific halibut (a prohibited species), flathead sole, Greenland turbot, rock sole,
  yellowfin sole, and arrowtooth flounder.
\7\ ``Other red rockfish'' includes shortraker, rougheye, sharpchin, and northern rockfish.
\8\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, sharpchin, northern, shortraker, and rougheye
  rockfish.
\9\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec.  679.2 are not included in the ``other species''
  category.

Reserves and the Incidental Catch Allowance (ICA) for Pollock

    Regulations at Sec. 679.20(b)(1)(i) require that 15 percent of the 
TAC for each target species or species group, except for the hook-and-
line and pot gear allocation of sablefish, be placed in a non-specified 
reserve. The AFA supersedes this provision for pollock by requiring 
that the 2000 TAC for this species be fully allocated among the CDQ 
program, the ICA, inshore, catcher/processor, and mothership directed 
fishery allowances.
    Regulations at Sec. 679.20(b)(1)(iii) require that one-half of each 
TAC amount placed in the non-specified reserve be allocated to the 
groundfish CDQ reserve and that 20 percent of the hook-and-line and pot 
gear allocation of sablefish be allocated to the fixed gear sablefish 
CDQ reserve. Section 206(a) of the AFA requires that 10 percent of the 
pollock TAC be allocated to the pollock CDQ reserve. With the exception 
of the hook-and-line and pot gear sablefish CDQ reserve, the 
regulations do not further apportion the CDQ reserves by gear. 
Regulations at Sec. 679.21(e)(1)(i) also require that 7.5 percent of 
each PSC limit, with the exception of herring, be withheld as a 
prohibited species quota (PSQ) reserve for the CDQ fisheries. 
Regulations governing the management of the CDQ and PSQ reserves are 
set forth at Secs. 679.30 and 679.31.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group, and any amount of the reserve may 
be reapportioned to a target species or to the ``other species'' 
category during the

[[Page 69467]]

year, providing that such reapportionments do not result in 
overfishing.
    Under section 206(b) of the AFA, NMFS proposes a pollock ICA of 5 
percent of the pollock TAC after subtraction of the 10-percent CDQ 
reserve. This allowance is based on an examination of the incidental 
catch of pollock in non-pollock target fisheries from 1996 through 
1999. During this 4-year period, the incidental catch of pollock ranged 
from a low of 3 percent in 1998 to a high of about 6 percent in 1997, 
with a 4-year average of 5 percent. Because these bycatch percentages 
are contingent on the relative amounts of groundfish TACs, NMFS will be 
more able to assess the ICA amount when the Council makes final ABC and 
TAC amount recommendations in December.

Apportionment of Pollock TAC to Vessels Using Nonpelagic Trawl Gear

    Regulations at Sec. 679.20(a)(5)(i)(B) authorize NMFS, in 
consultation with the Council, to limit the amount of pollock that may 
be taken in the directed fishery for pollock using nonpelagic trawl 
gear. In June 1998, the Council adopted management measures that, if 
approved by NMFS, would prohibit the use of nonpelagic trawl gear in 
the directed fishery for pollock and reduce specified prohibited 
species bycatch limits by amounts equal to anticipated savings in 
bycatch or bycatch mortality that would be expected from this 
prohibition. These measures could be effective by mid-2000. Therefore, 
NMFS proposes to allocate zero mt of pollock to non-pelagic trawl gear. 
A zero allocation would be necessary to reduce bycatch of PSC and 
incidental catch of other groundfish species in the 2000 pollock 
fishery consistent with the Council's intent for this fishery.

Pollock Allocations Under the AFA

    Section 206(a) of the AFA requires that 10 percent of the BSAI 
pollock TAC be allocated as a directed fishing allowance to the CDQ 
program. The remainder of the BSAI pollock TAC, after the subtraction 
of an allowance for the incidental catch of pollock by vessels, 
including CDQ vessels, harvesting other groundfish species, must be 
allocated as follows: 50 percent to catcher vessels harvesting pollock 
for processing by the inshore component, 40 percent to catcher/
processors and catcher vessels harvesting pollock for processing by 
catcher/processors in the offshore component, and 10 percent to catcher 
vessels harvesting pollock for processing by motherships in the 
offshore component. These amounts are listed in Table 2.
    The AFA also contains several specific requirements concerning 
pollock and pollock allocations. First, paragraph 210(c) of the AFA 
requires that not less than 8.5 percent of the pollock allocated to 
vessels for processing by offshore catcher/processors be available for 
harvest by offshore catcher vessels listed in section 208(b) harvesting 
pollock for processing by offshore catcher/processors listed in 
paragraph 208(e). Second, paragraph 208(e)(21) of the AFA specifies 
that catcher/processors qualifying to fish for pollock under this 
paragraph are prohibited from harvesting in the aggregate a total of 
more than one-half of a percent (0.5) of the pollock allocated to 
vessels for processing by offshore catcher/processors. Other provisions 
of the AFA, including inshore pollock cooperative allocations, AFA 
catcher vessel harvest limitations, and excessive harvest and 
processing shares will be described in the proposed rule to implement 
the AFA. After issuance of a final rule to implement the AFA, the 2000 
specifications would be amended accordingly. Table 2 lists the proposed 
2000 allocations of pollock TAC as described by the AFA, but excludes 
seasonal apportionments, critical habitat limitations, and protections 
for other fisheries for AFA listed catcher processors. These 
apportionments, limitations, and protections will be described in the 
proposed rule to implement the RPAs.

Implementation of Steller Sea Lion Conservation Measures

    NMFS is developing a separate proposed rule that, if approved, 
would permanently implement reasonable and prudent alternatives (RPAs) 
to avoid the likelihood that the pollock fisheries off Alaska will 
jeopardize the continued existence of the western population of Steller 
sea lions or adversely modify its critical habitat. If approved, this 
rule would implement three types of management measures for the pollock 
fisheries of the BSAI and GOA: (1) Measures to temporally disperse 
fishing effort, (2) measures to spatially disperse fishing effort, and 
(3) measures to provide full protection from competition with pollock 
fisheries for prey in waters immediately adjacent to rookeries and 
important haulouts. Emergency measures which implemented RPAs for 1999 
are in effect until December 31, 1999 (July 21, 1999, 64 FR 39087). 
Final measures must be effective prior to the start of the BSAI and GOA 
pollock fisheries on January 20, 2000, or NMFS will be obligated under 
the Endangered Species Act to close all fishing for pollock until such 
measures can be implemented.
    NMFS is reserving all allocations and apportionments of the 2000 
pollock TAC for the BSAI until the Steller sea lion conservation 
measures can be implemented as described above.

 Table 2.--Proposed Allocations of the Pollock TAC and Directed Fishing
    Allowance to the Inshore, Catcher/Processor, Mothership, and CDQ
                             Components \1\
------------------------------------------------------------------------
                                                             Directed
                Sector                   Proposed 2000       fishing
                                            TAC (mt)        allowance
------------------------------------------------------------------------
Bering Sea Subarea....................          992,000
    CDQ...............................           99,200
    ICA \2\...........................           44,640
    Inshore...........................          424,080          424,080
    Offshore C/Ps \3\.................          339,264          339,264
        Catch by C/Ps.................          310,427
        Catch by CVs..................           28,837
        Sec. 208(e)(21) \4\...........            1,696
    Mothership........................           84,816           84,816
Aleutian Islands ICA \5\..............            2,000

[[Page 69468]]

 
Bogoslof District ICA \5\.............           1,000
------------------------------------------------------------------------
\1\ After subtraction for the CDQ reserve and the incidental catch
  allowance, the pollock TAC is allocated as follows: inshore component--
  50 percent, catcher/processor component--40 percent, and mothership
  component--10 percent. Under paragraph 206(a) of the AFA, the CDQ
  reserve for pollock is 10 percent. NMFS, under regulations at Sec.
  679.20(a)(5)(i)(B), allocates zero mt of pollock to nonpelagic trawl
  gear. This action is based on Council intent to prohibit the use of
  nonpelagic trawl gear in 2000 because of concerns of unnecessary
  incidental catch with bottom trawl gear in the pollock fishery.
\2\ The proposed pollock incidental catch allowance for the BS Subarea
  is 5 percent of the TAC after subtraction of the CDQ reserve
\3\ Section 210(c) of the AFA requires that not less than 8.5 percent of
  the directed fishing allowance allocated to listed catcher/processors
  (C/Ps) shall be available for harvest only by eligible catcher vessels
  (CVs) delivering to listed catcher/processors.
\4\ The AFA requires that vessels described in section 208(e)(21) be
  prohibited from exceeding a harvest amount of one-half of one percent
  of the directed fishing allowance allocated to vessels for processing
  by listed catcher/processors.
\5\ Consistent with the 1999 harvest specifications and the revised
  RPAs, the Aleutian Islands Subarea and the Bogoslof District would be
  closed to directed fishing for pollock. The amounts specified are for
  incidental catch amounts only, and are not apportioned by season or
  sector.

Allocation of the Atka mackerel TAC

    Due to concerns about the potential impact of the Atka mackerel 
fishery on Steller sea lions and their critical habitat, NMFS issued 
regulations that implement temporal and spatial dispersion of fishing 
effort in the Atka mackerel fisheries. Regulations at 50 CFR 
679.20(a)(8)(ii) apportion the Atka mackerel ITAC into two equal 
seasonal allowances. The first allowance is made available for directed 
fishing from January 1 to April 15 (``A'' season), and the second 
seasonal allowance is made available from September 1 to November 1 
(``B'' season) (Table 3). According to Sec. 679.22(a)(8), fishing with 
trawl gear in areas defined as Steller sea lion critical habitat (see 
Figure 4 of 50 CFR part 226) within the Western and Central Aleutian 
Islands subareas, is prohibited during each Atka mackerel season when 
specified percentages of the TAC are harvested within designated 
critical habitat areas. In 2000, the specified catch percentage within 
critical habitat is 57 percent of each seasonal allowance for the 
Western Aleutian Islands and 67 percent of each seasonal allowance for 
the Central Aleutian Islands (Sec. 679.22(a)(8)(iii)(B)). A Steller sea 
lion critical habitat closure to fishing with trawl gear within a 
district will remain in effect until NMFS closes Atka mackerel to 
directed fishing within the same district. The regulations do not 
establish critical habitat closures based on Atka mackerel catch 
percentages inside critical habitat areas for the Eastern Aleutian 
Islands and Bering Sea subarea.
    Under Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian 
Islands district and the Bering Sea subarea Atka mackerel ITAC may be 
allocated to the jig gear fleet. The Council determines the amount of 
this allocation annually, based on several criteria including the 
anticipated harvest capacity of the jig gear fleet. In October 1999, 
the Council recommended that 1 percent of the Atka mackerel ITAC in the 
Eastern Aleutian Islands district/Bering Sea subarea be allocated to 
the jig gear fleet in 2000. Based on an ITAC of 14,450 mt, the jig gear 
allocation would be 144 mt.

            Table 3.--Proposed 2000 Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC \1\, \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  Seasonal apportionment \3\
                                                                                                     ---------------------------------------------------
                    Subarea and component                          TAC          CDQ          ITAC           A Season \4\              B Season \5\
                                                                              reserve                ---------------------------------------------------
                                                                                                         Total       CH Limit      Total       CH Limit
-----------------------------------------------------------------------------------------------------------------------\6\-----------------------\6\----
Western Aleutian Islands                                            27,000        2,025       22,950       11,475        6,541       11,475        6,541
Central Aleutian Islands.....................................       22,400        1,680       19,040        9,520        6,378        9,520        6,378
Eastern AI/BS subarea \7\....................................       17,000        1,275       14,450  ...........  ...........  ...........  ...........
    Jig (1 %) \8\............................................  ...........  ...........          144  ...........  ...........  ...........  ...........
    Other gear (99%).........................................  ...........  ...........       14,306        7,153  ...........        7,153  ...........
        Total................................................       66,400        4,980       56,440       28,148  ...........       28,148  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Amounts are in metric tons.
\2\ A final rule implementing changes to the Atka mackerel fishery was published in the Federal Register on January 22, 1999 (64 FR 3446).
\3\ The seasonal apportionment of Atka mackerel is 50 percent in the A season and 50 percent in the B season.
\4\ January 1 through April 15.
\5\ September 1 through November 1.
\6\ Critical habitat (CH) allowance refers to the amount of each seasonal allowance that is available for fishing inside critical habitat (Figure 4 of
  50 CFR part 226). In 2000, the percentage of each seasonal allowance available for fishing inside critical habitat is 57 percent in the Western AI and
  67 percent in the Central AI. When these critical habitat allowances are reached, critical habitat areas will be closed to trawling until NMFS closes
  Atka mackerel to directed fishing within the same district.
\7\ Eastern Aleutian Islands District and Bering Sea subarea.
\8\ Regulations at Sec.  679.20 (a)(8) require that up to 2 percent of the Eastern AI area ITAC be allocated to the Jig gear fleet. The amount of this
  allocation is 1 percent and was determined by the Council based on anticipated harvest capacity of the jig gear fleet. The jig gear allocation is not
  apportioned by season.

Allocation of the Pacific Cod TAC

    Under Sec. 679.20(a)(7), 2 percent of the Pacific cod ITAC is 
allocated to vessels using jig gear, 51 percent to vessels using hook-
and-line or pot gear, and 47 percent to vessels using trawl gear. Under 
Sec. 679.20(a)(7)(b), the portion of the Pacific cod TAC allocated to 
trawl gear is further allocated 50 percent to

[[Page 69469]]

catcher vessels and 50 percent to catcher/processors. In October 1999, 
the Council proposed seasonal allowances for the portion of the Pacific 
cod TAC allocated to the hook-and-line and pot gear fisheries. The 
seasonal allowances are authorized under Sec. 679.20(a)(7)(iv) and are 
based on the criteria set forth at Sec. 679.20(a)(7)(iv)(B). They are 
intended to provide for the harvest of Pacific cod when flesh quality 
and market conditions are optimum and when Pacific halibut bycatch 
rates are low. Table 4 lists the proposed 2000 allocations and seasonal 
apportionments of the Pacific cod ITAC. Consistent with 
Sec. 679.20(a)(7)(iv)(C), NMFS and the Council propose that any portion 
of the first seasonal allowance of the hook-and-line and pot gear 
allocation that is not harvested by the end of the first season become 
available on September 1, the beginning of the third season.

                               Table 4.--Proposed 2000 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Seasonal apportionment
                     Gear                        Percent ITAC     Share ITAC   -------------------------------------------------------------------------
                                                                     (mt)                                  Date                              Amount (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Jig...........................................               2           3,010  January 1-December 31.....................................         3,010
Hook-&-line/pot gear..........................              51          76,730  January 1-April 30 \1\....................................        55,135
                                                ..............  ..............  May 1-August 31...........................................         7,811
                                                ..............  ..............  September 1-December 31...................................        13,784
Trawl gear....................................              47          70,710  January 1-December 31.....................................        70,710
    C.V. (50%)................................  ..............          35,355
    C/P (50%).................................  ..............          35,355
                                               --------------------------------
        Total.................................             100        150,450
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Any unused portion of the first seasonal Pacific cod allowance specified for the Pacific cod hook-and-line or pot gear fishery will be reapportioned
  to the third seasonal allowance.

    At its October 1999 meeting, the Council also adopted an FMP 
amendment that would further allocate the hook-and-line and pot gear 
allocation among different sectors of the fixed gear fleet. If NMFS 
approves this amendment, the harvest specifications would be revised 
accordingly.

Allocation of the Shortraker and Rougheye Rockfish TAC

    Under Sec. 679.20(a)(9), the ITAC of shortraker rockfish and 
rougheye rockfish specified for the Aleutian Islands subarea is 
allocated 30 percent to vessels using non-trawl gear and 70 percent to 
vessels using trawl gear. Based on a proposed ITAC of 821 mt, the trawl 
allocation would be 575 mt and the non-trawl allocation would be 246 
mt.

Sablefish Gear Allocation

    Regulations at Sec. 679.20(a)(4)(iii) and (iv) require that 
sablefish TACs for the BSAI subareas be allocated between trawl and 
hook-and-line or pot gear types. Gear allocations of TACs for the 
Bering Sea subarea are 50 percent for trawl gear and 50 percent for 
hook-and-line/pot gear and for the Aleutian Islands subarea, 25 percent 
for trawl gear, 75 percent for hook-and-line/pot gear. Regulations at 
Sec. 679.20(b)(1)(iii)(B) require that 20 percent of the hook-and-line 
and pot gear allocation of sablefish be reserved as sablefish CDQ. 
Additionally, regulations at Sec. 679.20(b)(iii)(A) require that 7.5 
percent of the trawl gear allocation of sablefish (one half of the 
reserve) be reserved as groundfish CDQ. Gear allocations of the 
sablefish TAC and CDQ reserve amounts are specified in Table 5.

                   Table 5.--Proposed 2000 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
----------------------------------------------------------------------------------------------------------------
                                                                   Share of TAC                     CDQ reserve
                Subarea and gear                  Percent of TAC       (mt)          ITAC (mt)         (mt)
----------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl \2\...................................              50             670             569              50
    Hook-&-line/pot gear \3\....................              50             670             N/A             134
                                                 ---------------------------------------------------------------
        Total...................................             100           1,340             569             184
                                                 ===============================================================
Aleutian Islands:
    Trawl \2\...................................              25             345             293              25
    Hook-&-line/pot gear \3\....................              75           1,035             N/A             207
                                                 ---------------------------------------------------------------
        Total...................................             100           1,380             293             232
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line and pot gear allocation, 15 percent of TAC is apportioned to reserve.
  The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5
  percent of the specified TAC) is reserved for the multi-species CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
  allocated TAC is reserved for use by CDQ participants. Regulations in Sec.  679.20(b)(1) do not provide for
  the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.


[[Page 69470]]

Allocation of Prohibited Species Catch (PSC) Limits for Halibut, 
Crab, and Herring

    Due to the lack of new information concerning PSC limits, the 
Council at its October 1999 meeting recommended using the 1999 PSC 
amounts for 2000. The Council will reconsider these amounts in December 
based on recommendations by the Plan Team and the SSC. New survey and 
stock assessment information will be available in December 1999 in the 
1999 SAFE document prepared by the Plan Team.
    PSC limits for halibut are set in regulations at Sec. 679.21(e). 
For the BSAI trawl fisheries, the limit is 3,775 mt mortality of 
Pacific halibut. For non-trawl fisheries, the limit is 900 mt 
mortality. PSC limits for crab and herring are specified annually based 
on abundance and spawning biomass.
    For 2000, the proposed PSC limit of red king crab in Zone 1 for 
trawl vessels is 200,000 crab. Based on the criteria set out at 
Sec. 679.21(e)(1)(ii), the number of mature female red king crab was 
estimated in 1998 to be above the threshold of 8.4 million animals, and 
the effective spawning biomass is estimated to be 56 million lbs (25.4 
million mt) which is greater than the 55 million lb (24.95 million mt) 
threshold level.
    The proposed 2000 C. bairdi PSC limit for trawl gear is 750,000 
animals in Zone 1 and 1,878,000 animals in Zone 2. These limits are 
based on survey data from 1998, and on the criteria set out at 
Sec. 679.21(e)(1)(iii). In Zone 1, C. bairdi abundance was estimated to 
be greater than 150 million and less than 270 million animals. In Zone 
2, C. bairdi abundance was estimated to be less than 175 million 
animals, and, therefore, calculated at 1.2 percent of the abundance 
level of 156.6 million crabs, resulting in a proposed limit of 1.878 
million crabs.
    Under Sec. 679.21(e)(1)(iv), the PSC limit for C. opilio is based 
on total abundance as indicated by the NMFS standard trawl survey. The 
C. opilio PSC limit is set at 0.1133 percent of the Bering Sea 
abundance index, with a minimum PSC of 4.5 million crab and a maximum 
PSC of 13 million crab. Based on the 1998 survey estimate of 3.233 
billion crabs, the calculated limit would be 3,663,000 crabs. Because 
this limit falls below the minimum level, the proposed 2000 C. opilio 
PSC limit would be 4.5 million crabs in 2000.
    Under Sec. 679.21(e)(1)(vi), the proposed PSC limit of Pacific 
herring caught while conducting any trawl operation for groundfish in 
the BSAI is 1 percent of the annual eastern Bering Sea herring biomass. 
NMFS' best estimate of 2000 herring biomass is 168,512 mt. This amount 
was derived using 1998 survey data and an age-structured biomass 
projection model developed by the Alaska Department of Fish and Game 
(ADF&G). Therefore, the proposed herring PSC limit for 2000 is 1,685 
mt.
    Under Sec. 679.21(e)(1)(i) 7.5 percent of each PSC limit specified 
for crab and halibut is reserved as a PSQ reserve for use by the 
groundfish CDQ program. Regulations at Sec. 679.21(e)(3) require the 
apportionment of each trawl PSC limit into PSC bycatch allowances for 
seven specified fishery categories. Regulations at 
Sec. 679.21(e)(4)(ii) authorize the apportionment of the non-trawl 
halibut PSC limit among five fishery categories. The proposed fishery 
bycatch allowances for the trawl and non-trawl fisheries are listed in 
Table 6.
    Regulations at Sec. 679.21(e)(3)(ii)(B) establish criteria under 
which NMFS must specify an annual red king crab bycatch limit for the 
Red King Crab Savings Subarea (RKCSS). The Council proposes to limit 
the RKCSS to 30 percent of the total red king crab allocated to the 
rock sole/flathead sole/``other flatfish'' fishery category. This 
proposed limit would optimize the groundfish harvest relative to red 
king crab bycatch.
    Regulations at Sec. 679.21(e)(4)(ii) authorize exemption of 
specified non-trawl fisheries from the halibut PSC limit. As in past 
years, the Council recommended that pot gear, jig gear, and the 
sablefish IFQ hook-and-line gear fishery categories be exempt from 
halibut bycatch restrictions because these fisheries use selective gear 
types that take comparatively few halibut. In 1998, total groundfish 
catch for the pot gear fishery in the BSAI was approximately 14,118 mt 
with an associated halibut bycatch mortality of about 43 mt. The 1998 
groundfish jig gear fishery harvested about 192 mt of groundfish. Most 
vessels in the jig gear fleet are less than 60 ft (18.3 m) length 
overall and are exempt from observer coverage requirements. As a 
result, observer data are not available on halibut bycatch in the jig 
gear fishery. However, a negligible amount of halibut bycatch mortality 
is assumed because of the selective nature of this gear type and the 
likelihood that halibut caught with jig gear have a high survival rate 
when released.
    As in past years, the Council recommended that the sablefish IFQ 
fishery be exempt from halibut bycatch restrictions because of the 
sablefish and halibut IFQ program (subpart D of 50 CFR part 679). The 
IFQ program requires legal-sized halibut to be retained by vessels 
using hook-and-line gear if a halibut IFQ permit holder is aboard and 
is holding unused halibut IFQ. This action results in less halibut 
discard in the fishery. In 1995, about 36 mt of halibut discard 
mortality was estimated for the sablefish IFQ fishery. A similar 
estimate for 1996 through 1999 has not been calculated, but NMFS has no 
information indicating that it would be significantly different.
    Regulations at Sec. 679.21(e)(5) authorize NMFS, after consultation 
with the Council, to establish seasonal apportionments of PSC amounts. 
NMFS anticipates that the Council will recommend seasonal 
apportionments during its December 1999 meeting; therefore, none are 
proposed at this time.

    Table 6.--Proposed 2000 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                                          Prohibited Species and Zone
                             -----------------------------------------------------------------------------------
                                                            Red King                      C. bairdi (animals)
                                 Halibut    Herring (mt)      Crab        C. opilio  ---------------------------
                                mortality       BSAI        (animals)     (animals)
                                (mt) BSAI                   Zone 1 1       COBLZ 2      Zone 1 1      Zone 2 1
----------------------------------------------------------------------------------------------------------------
       Trawl Fisheries
Yellowfin sole..............           955           254        19,800     3,108,786       260,894     1,128,824
Rock sole/oth.flat/flat sole           755            22       103,950       766,552       279,528       376,274
 3..........................
Turbot/sablefish/arrowtooth   ............            10  ............        42,585  ............  ............
 4..........................
Rockfish July 4--December 31            71             8  ............        42,585  ............         7,378
 5..........................
Pacific cod.................         1,473            22        14,850       127,758       139,950       205,528

[[Page 69471]]

 
Mid-water trawl pollock 6...  ............         1,217  ............  ............  ............  ............
Pollock/Atka mackerel/other            238           152         1,850        74,234        13,378        19,146
 7..........................
RKCSS 3.....................  ............  ............        44,550  ............  ............  ............
                             -----------------------------------------------------------------------------------
    Total Trawl PSC.........         3,492         1,685       185,000     4,162,500       693,750     1,737,150
                             ===================================================================================
     Non-Trawl Fisheries
Pacific cod--Total..........           748
Other non-trawl--Total......            84
Groundfish pot and jig......        exempt
Sablefish hook-and-line.....        exempt
                             -----------------------------------------------------------------------------------
    Total Non-Trawl.........           832
                             -----------------------------------------------------------------------------------
PSQ Reserve 8...............           351  ............        15,000       337,500        56,250       140,850
                             -----------------------------------------------------------------------------------
        Grand Total.........         4,675         1,685       200,000     4,500,000       750,000    1,878,000
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.  679.2 for definitions of areas.
\2\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Sec.  679.21 (e)(7)(iv)(B). At its October
  meeting the Council proposed apportioning C. opilio by percentage to the following fisheries: yellowfin sole
  73 percent, rock sole 18 percent, turbot 1 percent, rockfish 1 percent, Pacific cod 3 percent, and pollock 4
  percent.
\3\ The Council at its October 1999 meeting proposed limiting red king crab for trawl fisheries within the RKCSS
  to 30 percent of the total allocation to the rock sole, flathead sole, and other flatfish fishery category
  (Sec.  679.21(e)(3)(ii)(B)).
\4\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\5\ The Council at its October 1999 meeting proposed to apportion the rockfish PSC amounts according to the 1999
  specifications, from July 4--December 31, to prevent fishing for rockfish before July 4, 2000.
\6\ Halibut and crab bycatch in the midwater trawl pollock fishery is deducted from the allowances for the
  pollock/Atka mackerel/other species category.
\7\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
\8\ With the exception of herring, 7.5 percent of each PSC limit is allocated to the multi-species CDQ program
  as PSQ reserve. The PSQ reserve is not allocated by fishery, gear or season.

    To monitor halibut bycatch mortality allowances and apportionments, 
the Administrator, Alaska Region, NMFS (Regional Administrator), will 
use observed halibut bycatch rates, assumed mortality rates, and 
estimates of groundfish catch to project when a fishery's halibut 
bycatch mortality allowance or seasonal apportionment is reached. The 
Regional Administrator monitors a fishery's halibut bycatch mortality 
allowances using assumed mortality rates that are based on the best 
information available, including information contained in the annual 
SAFE report.
    The Council proposed that the assumed halibut mortality rates 
developed by staff of the International Pacific Halibut Commission 
(IPHC) for the 1999 BSAI groundfish fisheries be adopted for purposes 
of monitoring halibut bycatch allowances established for 2000. The 
justification for these mortality rates is discussed in the final SAFE 
report dated November 1998. The proposed mortality rates listed in 
Table 7 are subject to change, pending the results of an updated 
analysis on halibut mortality rates in the groundfish fisheries that 
IPHC staff is scheduled to present to the Council at its December 1999 
meeting.

 Table 7.--Proposed 2000 Assumed Pacific Halibut Mortality Rates for the
                             BSAI Fisheries
------------------------------------------------------------------------
                                                                Assumed
                           Fishery                             mortality
                                                               (percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
  Rockfish..................................................          12
  Pacific cod...............................................          11
  Greenland turbot..........................................          19
  Sablefish.................................................          17
  Other Species.............................................          11
Trawl gear fisheries:
  Midwater pollock..........................................          85
  Non-pelagic pollock.......................................          76
  Yellowfin sole............................................          78
  Rock sole.................................................          76
  Flathead sole.............................................          62
  Other flatfish............................................          69
  Rockfish..................................................          72
  Pacific cod...............................................          69
  Atka mackerel.............................................          85
  Greenland turbot..........................................          73
  Sablefish.................................................          23
  Other species.............................................          69
Pot gear fisheries:
  Pacific cod...............................................           4
  Other species.............................................           4
------------------------------------------------------------------------

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    NMFS has prepared a draft EA for this action, which describes the 
impact of the human environment that would result from implementation 
of the proposed specifications. In December 1998, NMFS issued a 
Supplemental Environmental Impact Statement (SEIS) on the groundfish 
TAC specifications and PSC limits under the BSAI and Gulf of Alaska 
(GOA) groundfish FMPs. In July 1999, the District Court for the Western 
District of Washington held that the 1998 SEIS did not adequately 
address aspects of the BSAI and GOA FMPs. Notwithstanding the 
deficiencies

[[Page 69472]]

the court noted in the 1998 SEIS, NMFS believes that the discussion of 
impacts and alternatives in the 1998 SEIS is directly applicable to 
this proposed action, and a draft EA for the proposed 2000 harvest 
specifications ``tiers off'' (incorporates by reference) the 1998 SEIS.
    Pursuant to section 7 of the Endangered Species Act, NMFS has 
completed a consultation on the effects of the 1999 to 2002 pollock and 
Atka mackerel fisheries on listed species, including the Steller sea 
lion, and designated critical habitat. The Biological Opinion prepared 
for this consultation, dated December 3, 1998, concluded that the Atka 
mackerel fisheries in the BSAI are not likely to jeopardize the 
continued existence of Steller sea lions or adversely modify their 
designated critical habitat. However, the Biological Opinion concluded 
that the pollock fisheries in the BSAI and the GOA would cause jeopardy 
and adverse modification.
    NMFS is developing a proposed rule that, if approved, would 
permanently implement RPAs to avoid the likelihood that the pollock 
fisheries off Alaska will jeopardize the continued existence of the 
western population of Steller sea lions or adversely modify its 
critical habitat. Final regulations must be effective prior to the 
start of the BSAI and GOA pollock fisheries on January 20, 2000, or 
NMFS will be obligated under the Endangered Species Act to close all 
fishing for pollock until such measures can be implemented.
    NMFS must also complete a consultation on the effects of the 2000 
BSAI groundfish fisheries on listed species, including the Steller sea 
lion and salmon, and on designated critical habitat. These 
consultations will be completed in December 1999 before the start of 
the 2000 groundfish fishery. These consultations cannot be completed 
until new fishery information is available in late November.
    A Biological Opinion on the BSAI hook-and-line groundfish fishery 
and the BSAI trawl groundfish fishery for the ESA listed short-tailed 
albatross was issued by the U.S. Fish and Wildlife Service in March 
1999. The conclusion continued the no jeopardy determination and the 
incidental take statement expressing the requirement to immediately re-
initiate consultations if incidental takes exceed four short-tailed 
albatross over 2 years' time (1999-2000).
    NMFS prepared an IRFA pursuant to the Regulatory Flexibility Act 
(RFA) that describes the impact the proposed 2000 harvest 
specifications might have on small entities. A copy of this analysis is 
available from the Council (see ADDRESSES). The preferred alternative 
would allow the BSAI groundfish fisheries to continue under final 
specifications set at 1999 levels until the TAC is harvested or until 
the fishery is closed due to attainment of a PSC limit, or for other 
management reasons. Under the preferred alternative, the 2000 TACs 
would be based on the most recent scientific information as reviewed by 
the Plan Team, SSC, AP, and Council and that includes public testimony 
and comment from the September Plan Team and October Council meetings. 
The preferred alternative also achieves optimum yield while preventing 
overfishing. Small entities would receive the maximum benefits under 
this alternative, in that they will be able to harvest target species 
and species groups at the highest available level based on stock status 
and ecosystem concerns.
    The six CDQ groups are comprised of 56 small governmental 
jurisdictions with direct involvement in groundfish CDQ fisheries that 
are within the RFA definition of small entities. Based on 1998 data, 
NMFS estimates less than 280 small entities harvest groundfish in the 
BSAI.
    The establishment of differing compliance or reporting requirements 
or timetables, and the use of performance rather than design standards, 
or exempting affected small entities from any part of this action would 
not be appropriate because of the nature of this action.
    This action is necessary to establish harvest limits for the BSAI 
groundfish fisheries for the 2000 fishing year. The groundfish 
fisheries in the BSAI are governed by Federal regulations at 50 CFR 
part 679 that require NMFS, after consultation with the Council, to 
publish and solicit public comments on proposed annual TACs, PSC 
allowances, and seasonal allowances of the TACs. No recordkeeping and 
reporting requirements are implemented with this final action. NMFS is 
not aware of any other Federal rules which duplicate, overlap or 
conflict with the final specifications.

    Authority: 16 U.S.C. 773 et seq. 16 U.S.C. 1801 et seq., and 
3631 et seq.

    Dated: December 8, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-32234 Filed 12-10-99; 8:45 am]
BILLING CODE 3510-22-P